rally. shocked. bill: stunned it didn't go the way --. martha: really smooth given all the pot rallies. bill: all the organizers were tied up too. gives a whole new meaning to rocky mountain high. martha: good to have you back. great job up there. bill: well-wishes to you and your family. martha: appreciate that. "happening now" starts rye now. jenna: brand new stories and breaking news this hour. jon: there are reports that the boston marathon attacker is communicating with authorities from his hospital bed as we see the funeral for one of the victims that was killed today. why the breakaway russian republic has spawned some of the most heinous attacks the world has ever seen. what the u.s. needs to do now. also boston baseball icon david ortiz is getting very emotional in a pregame

speech. what he said that has everyone talking. it's all "happening now" jon: in a week that has seen things change fast and furious, there are new developments in morning into the investigation into the boston marathon terror attacks as that city tries to get back to normal one week after the deadly bombings and a manhunt that virtually shut down the entire boston area. a good mon morning to you. i'm jon scott. jenna: amazing it has just been a week. jon: so much happened. jenna: that is certainly the case. i'm jenna lee. dzhokhar tsarnaev, the only surviving suspect in the boston marathon bombings is in serious but stable condition. while that, what police reportedly believe may be a self-inflicted gunshot wound makes him unable to speak he is apparently able to communicate with investigators in writing. meantime new details emerge from the shootout early

friday morning that led to the death of his older brother. police say during the hail of gunfire, the suspects reportedly hurled homemade bombs and grenades from an suv they carjacked. and their dangerous stockpile of weapons led police to believe they planned more attacks. the younger brother managing to escape after the wild shootout sparking a manhunt that ended more than 12 hours later that he turned up in a boat parked behind a home in watertown. gunshots fired before the final standoff before police arrested the marathon bombing suspect. you see him climbing out of the boat there. a final farewell to one of the three bombing victims as friends and family gathered for the funeral of chris till campbell, a memorial service for the boston university grat student, lu link she. today massachusetts will hold a moment of silence at

2:50 eastern time the exact moment of the first explosion one week ago today. we have team fox coverage of attacks, with chief intelligence catherine herridge live in washington but we start with mike tobin is live in boston. mike? >> reporter: jenna, the latest information that certainly has a lot of people's attention is coming from, really poor sourcing i should say at the top of this. that is the information that possibly dzhokhar tsarnaev is coming back to consciousness and able to communicate with investigators. it all goes back to "usa today" report citing anonymous law enforcement source but if the information hashings out it is certainly significant, the fact he is able to communicate with investigators by writing. he can't speak because as you mentioned there is a gunshot wound either to the neck or jaw or both but he is able to write according to this report and the answers providing to questions are described as substantive. what know from the information the answers he

is providing indicates there is not a larger network. there is not a second wave planned or a wave people should be fearful of connected to him. again the information, the sourcing on the information just doesn't give me a whole lot of confidence, jenna. jenna: we'll take that interest consideration, mike as you've been on the ground there for the past several days. we see the flowers behind you and tell us where you are and when will the area around the blast site be reopened to the public? >> reporter: this is copley scare and you see another makeshift emmoral. so sadly these at that are common building up behind us. the area, you may see federal investigators on the scene or the fbi is on the scene. the fbi will release the scene and once they do that the city will have a five-phase plan for reopening the square. that phasing plan involves a environmental assessment to see anything unhealthy in this environment or in that square. we have to check the integrity of the buildings. because of that the city is

unable to release a time frame when the square will be reopened to the public, when people will come back to their businesses. jenna? jenna: more when we get it, mike. mike tobin live in boston today. jon: charges in connection with the boston terror attacks and the aftermath could come as early as today as investigators continue to look for answers. they want to know if dzhokhar tsarnaev and his brother acted alone. but his serious injuries are slowing their progress. chief intelligence correspondent catherine herridge is live in washington right now. so what are we learning about the fbi's contact with the suspect, catherine? >> reporter: a leading republican briefed by the assistant director of the fbi last night tells fox news the risch shun equivalent of the fbi sent a letter to the bureau that they suspected older brother was a islamist extremist and believe in their cause. tamerlan tsarnaev travel oversees in 6 months, in 2012, that was not on the

fbi radar that he misspelled his name on the travel records to deliberately disguise his travel or there was a mistake from the russian airline and it was not flagged to the bureau. >> fbi, and cia and every intelligence agency is scrambling to figure out what is coming next. who were they associated with? are these guys lone wolves? it was cleared they were tied to international terrorist groups in chechnya. are they tied to al qaeda? we don't know yet. >> reporter: law enforcement tells fox news one of the ways they were able to identify the brothers as suspects in the investigation through surveillance video not publicly released where you see the two brothers reacting in completely different manner than the rest of the crowd when the blast goes off. they do not turn toward the blast with some foreknowledge much what would happen and they continue on their way, jon. jon: what about their overseas ties for the two brothers, what are we learning about that? >> reporter: based on a discussion with a assistant

fbi director, senator graham says they should label the surviving brother as an enemy combatant which is possible under u.s. law so he can be interviewed about possible overseas ties and later read him his rights and prosecute him in federal court. >> you don't want to turn over intelligence gathering to a criminal defense lawyer and the terrorist. you want to be able to gather tell without a lawyer present. under the law of war there is no right to a legal counsel when you're being questioned for national security purposes. i hope the obama administration will allow us that option that exists in our law. they have a very bad track record here. >> reporter: fox news is told investigators are probing a potential link to a islamist group as first reported on fox over the weekend. they were responsible for the attack on moscow airport. in response the group issued a statement saying their disagreement is with russia. they did not deny knowing

the brothers. also according to one source who has reviewed that, they were undercut in their claims trying to deny any connection because they pointed the finger as russia as being responsible for these bombings which of course there is no evidence to support that, jon. jon: catherine herridge, lots of tangled leads to unravel here. catherine, thank you. >> reporter: you're welcome. jenna: for more on this now we'll bring in our next guest, chris voss, retired fbi special agent and hostage negotiator and manager of insight security. we talked you to last few times in. great to have you back on the program. >> thank you, jenna. jenna: catherine is reporting on there debate whether or not the suspect should be read his miranda rights. moving past the politics of it because it seems to get a little poe lit kal, as a former member of fbi how does whether or not the suspect is read his miranda rights influence or impact your investigation? >> it really becomes irrelevant. good report-based

interviewers and interrogators who are the ones most effective. the fbi doesn't do that because we're nice. we do that because it worked. in reported based interviewers miranda they can read that and continue. it is not a major obstacle. it is almost irrelevant. jenna: really? we're hearing a it is a major issue whether we get to the bottom of this investigation. so what should we consider as we continue to hear the debate ongoing over the next several days? >> it doesn't, it really doesn't make that much difference to the interviewers and especially the particular group of profile he is -- profilers they developed at quantico, at the fbi academy. this is not terribly relevant. they can sit down with the people. they can interview them. they look for behavioral cues. they look for a way to establish a relationship so the individual starts to talk. they do it because it's effective and you can even interview people

occasionally with a lawyer in the room, the lawyer, if the individual starts to be deceptive in interview will start to tell the person to tell the truth and so miranda and, it's much ado about nothing in my view. jenna: that is interesting. nice to have your perspective after more than 20 years with the fbi. want to ask about this other report we're hearing. at the risk of monday morning quarterbacking which we don't want to do right now, chris, we want to know how to do things better this time around. our viewers were hering that the fbi was flagged to the individual, the older brother, and even questioned him and cleared him as being any sort of real threat to the country. at least that's what we're hearing right now. how would that happen, someone would be cleared and then turned into a terrorist a little bit more than a year later? >> well, they would have followed the procedures that they were required to follow by the investigation and, while it is very easy to get into these investigations, these national security investigations, there's a tremendous amount of

oversight and tremendous amount of caution that has developed in favor of the individual's rights. so, it would be very easy for them to have interviewed him and cleared him. additionally, you don't know how much more his personality or his tendency towards violence developed after the interview. he may not have been exhibiting any of the signs. jenna: would he be under any sort of surveillance though, as someone questioned in the past, just to check in on him, if you will and see what happens over the next few years, past that point? >> well, it would have been, it would have tee pended upon the nature of the administrative rules of the investigation. there were times when those sorts of investigations were allowed and they have been curtailed. so i think we'll find that the bureau probably followed their procedures and unfortunately the procedures don't cover each and every instance. jenna: there might be questions about that. again what we can do better in the future. chris, thank you again. always appreciate your expertise. >> jenna, my pleasure so could the boston bombings affect efforts to pass

immigration reform? some are saying, slow that whole process down. others cause the attack a reason to pass a bill even more quickly. karl rove is standing by. he was in with his thoughts on immigration reform next.

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work but we may find some terrorists in our midst who have been hiding in the shadows when it comes to the entry exit visa system. the 19 hijackers were all students who overstayed their visas and the system didn't capture that. jenna: chief congressional correspondent mike emanuel is live in washington with more. so far this morning what is the tone, the discussion about immigration reform and where it is boeing this week? >> reporter: well, jenna a lot of this hearing has been about immigration reform as it relates to the agricultural sector. i should tell you senator graham told us a few moments ago having 11 million people roaming in the shadowsnational . let's look at hearing in front of the senate judiciary committee. earlier the committee chairman made reference to immigration reform following the boston attack. >> let no one be so cruel as to try to use a heinous acts of these two young men last week to derail the dreams and futures of millions of

hard-working people. the bill before us would serve to strengthen our national security by allowing us to focus our border security and enforcement efforts against those who do us harm. >> reporter: farmworkers are told ag workers are ambitious doing jobs many americans don't want to do and a solid immigration bill will solve a lot of issues in that sector, jenna. jenna: what about calls to delay, delay immigration reform to considering the events last week or so? >> reporter: it is a revelation since the boston attacks that the two subjects were immigrants. dan coats suggests waiting two months before rushing to judgment. he says congress ends up with bad policy when something is crafted in an emotional way. this morning bill hemmer asked about john boehner about delaying immigration efforts? >> it may for a couple days until we understand what did

our immigration system know and what didn't they know? what impact would this have on it? primarily i'm in the camp if we fix our immigration system it may actually help us understand who all is here, why they're here and what legal status they have. >> reporter: the point being made today dysfunction in our current immigration system affects all of us and this is a golden opportunity to fix it. jenna? jenna: mike, thank you. jon: so for more on the impact the terror attack could have on immigration reform we're joined by karl rove, former senior advisor and deputy chief of staff to president george w. bush. do the events of last week in boston change anything regarding i am membership graduation reform, karl, in your view? >> well they could. two big issues, opponents or skeptics of immigration reform say we need to go slow and supporters of immigration reform say we need to keep going and frankly both of them will get their way. supporters of immigration

reform control the process in the senate so this bill will move forward. on the other hand it is a very complex bill and anytime you have a big complex piece of legislation like this it will take some time to examine and in the aftermath of boston there will be some questions raised and people will want to have answers to them. let's be clear, even the supporters of immigration reform like marco rubio says, i want a patient process where everything is examined. he knows that will be important to build public support for the bill and we would be better off if we have a bill seriously examined, amended if need be, changed if each body wants to and brought to a conclusion. jon: you probably heard in that report from mike emanuel, lindsey graham, republican from south carolina said let's go quickly. essentially we have terrorists in our midst. we might. let's find out who all of these 11 million people who have come here illegally are but does anyone think that terrorists will step to the front of the line to register? >> you know, look. this is the broader question of will, will this

immigration reform bill make us safer? i think gram gram overstated the argument, you're right. -- lindsey graham. you're a terrorist attempting to be member of a sleeper cell it is unclear you will necessarily surface as this proposed new law requires you to do and make yourself known to authorities. on the other hand here is the ironic thing. in a way the bill could make us safer from this perspective. the two brothers came here when their family came here. their family came here look like they had other families already here. the parents of two the brothers had a brother, their uncle already here in the united states and they therefore appear like they might have come here, they got extra points for already having relatives here in the united states. this is called chained migration. if you got a family member here, whether it is an uncle, an aunt, father, mother, grandfather, cousin, whatever, you get a little bit extra oomph in the line in order to get here and the new law being proposed by the "gang of eight" would dial back immigration based on family considerations and

dial up immigration based on skills. so some families will not be able to get here as quickly as possible and because people who have skills, computer programmers, engineers, whatever, are able to get her because they have the skills the american economy needs. jon: well as this bill moves through the senate and on into the house, presumably we will continue to follow it here on fox. karl rove, thank you. >> you bet, jon. jenna: the case against the boston marathon bombing suspect, why there are growing calls to be treated as a so-called enemy combatant. there are arguments for both sides. we'll break it down. new calls on chechen terror groups including past attacks like this one in a moscow theater more than 10 years ago. a brutal, brutal attack that got worldwide attention. there are questions surfacing today, how the groups may have influenced the boston suspects if at all. what you need it know, next.

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jenna: right now a whole lot of legal questions surrounding the marathon legal attack and case against suspect dzhokhar tsarnaev will play out. a growing number of lawmakers are calling for him to be treated as a so-called enemy combatant, meaning he could be questioned without a lawyer and not be afforded other protections of the american legal just sis system at least temporarily. tom can any of is a expert on these sort of things. i said so-called enemy combatant, the president in 2009 did away with the term but kept some of the rights we have to hold someone as a enemy combatant even if we don't have the term. who qualifies? >> term is belligerent. unlawful enemy belligerent. who qualifies really is anyone who takes up arms against the united states or is a member of the al qaeda.

however, the reason why the suspect in the boston bombing case as the law now stands based on the 2009 revisions wouldn't qualify because he is an american citizen. remember that was a big issue before 2009. whether individuals who are u.s. citizens who take up arms against the united states could be treated as unlawful enemy combatant. the obama administration said definitely now but congress can act to change that. jenna: viewers remember the name jose padilla an american citizen labeled an enemy combatant, held in that capacity but several years later put through the american court system. >> right. the reason he was put through the american court system was not because the supreme court said he had to be, the politics changed and the position of the administration changed and 2009 revisions of the act now an american citizen is excluded. we have the united states itself going back to george washington has had a long history of using

military commissions including against u.s. citizens. john wilkes booth and coconspirators in the lincoln assassination were prosecuted by military commission. when germany landed spies off the coast of long island and florida they were rounded up within a matter of days. at least one of which was an american citizen. they were tried by military commission and executed within a matter of weeks. this is not unprecedented. just that the obama administration for whatever reason doesn't want it. jenna: based on the way the law stands now currently in 2013 what happened in the past with an american citizen being tried, convicted and executed as an enemy combatant would not fly? that is the law right now? >> that would not fly as the law stands right now but i think this case, is a wonderful example of why congress needs to revisit that law. jenna: why? >> because, in my opinion, we simply can not protect the homeland in this day and age where someone this unsophisticated, acting alone or with one other person can cause this much

damage. we have to send a clear notice to our enemies abroad, and within that if you take up arms against the united states, remember the victims in this case weren't only innocent victims in boston. this was an attack against the united states to terrorize our population. they need to be know that you will be dealt with swiftly. you will get due process, but that due process will be swift and absolute. jenna: one. variables it seems in this debate whether or not this young man we continue to see his picture time and time again is tied to a bigger group and it seems in the president's designation of being able to hold somebody, you mentioned the parts of whether or not citizens or not, whether or not they're tied to a terrorist organization would qualify them for that. where if they did have any ties then they could not be held as an enemy, an enemy combatant. how does that -- >> that's what a lot of people who are arguing against holding them as enemy combatant are arguing. however i don't think a plain reading of the law reads that way. there are three types of

criteria under 2009 revisions. whether they engaged against hostilities against the united states or supported hostilities against the united states or were part of al qaed. it doesn't say in al qaeda. jenna: when is the timeline on this? when do we have to figure this out and when does you have to be read his miranda rights or not. >> right now they're under the public interest exception. in other words if there is imminent fear of public harm you can hold off on miranda. it is hard to make an argument he himself is very much senting an imminent risk to the public at harm. people said a few days. someone mentioned 30 days. would be surprised if it goes that long. jenna: tom, thank you. appreciate you breaking this down and difficult case but interesting one. jon? jon: the boston terror suspects were disever coulded a week after the attacks but one of was already on the fbi's radar. is there any way the attack

could have been stopped. a national security expert weighs in next. new opposition to president's lifeline program. it offers affordable phone service for more than 13 million americans but critics say the cost is too great. a look at potential impact if that program is scrapped.

jon: the shooting is over but the investigation goes on. you're looking at teams of fbi, federal and police investigators going over the boat that is in the backyard

of that home in watertown, massachusetts. this is where it all ended. this is the boat in which dzhokhar tsarnaev was found hiding. they sent in a bomb-proof truck to rip the cover off the thing as he was hiding inside. lobbed a bunch of what appeared to be flash bang grenades at him, and ultimately gave himself up, although he tried to commit suicide by putting a bullet through his own head and he may have mice missed vital organs and the bullet went through his vote. at any rate, police are going over the boat. they are all receiving credit for bringing in dzhokhar tsarnaev alive in the boston terror attacks. tamerlan, his older brother was killed during a shootout with police on thursday. his younger brother, dzhokar, captured friday j of the initial attack which seems very fast for an investigation of this magnitude but could police

have brought him in sooner? stephen yates, ceo of the d.c. international advisory and thank you for taking the time to join us today. >> thank you, jon. jon: what about these questions being directed toward the fbi? the fbi is usually highly regarded and pretty popular agency on capitol hill but there are questions being asked by some very important members of congress saying, we apparently had a head's up that tamerlan tsarnaev may have been involved in shady stuff. the fbi talked to him and cleared him. what do you think about that? >> indeed there are a number of very, very important questions that come out of this. i think there are two major areas that need to be revisited, investigators did a very quick job of taking down the two suspects. but it seemed to started from a cold start. that wonders why it may have been the case if it was. the other, will we ever get information from the younger suspect that leads us to future acts or other

organizations that remain active. i think the way this was carried out leaves those as gaping questions. but how someone who had been on a watch list or who had been investigated had a younger brother receive permanent residency, so soon is a major, major question on a number of levels, that goes beyond the fbi. jon: when you say this thing started from a cold start. you're referring to the fact in your view the fbi should have at least some kind of a list, reminder file that would have said, aha, bombs at marathon, where is tamerlan tsarnaev? >> in the wake of 2001 and 9/11 tragedy there were a lot of mechanisms put in place to gather a wider net of intelligence and try to have the federal government cooperate more with local authorities to provide security at major public events where we're obviously very concerned. if these guys had been watched, even one of them had been watched before you would think we would continue to monitor any kmauncations they had with overseas actors. there are a lot of things

under the patriot act and other kinds of surveillance you think might have continued. so i guess the biggest question many of us would have right now, have counterterrorism tools weakened in an era that we thought the tide of war was receding. jon: there are no full-body scans or tsa pat-downs via the internet and it seems these days a lot of communication with agents in this country, witness nadal hasan, for instance, are taking place via the internet? >> there is no doubt there is a lot of radicalization and planning and other kinds of activity that is going on by the internet. of course everyone knows the internet isn't a sovereign space. you can be anywhere in the world and still have an effect anywhere else in the world. it is one of those major areas where i'm sure intelligence agencies work very, very hard. and our laws at home may not be up to speed with what our national security needs are while we're trying to preserve a relatively free

society. jon: it appears the two brothers were involved in the actual bombing, crazy aftermath, shootouts with police and so forth. what about a wider support structure? who paid for all of this? >> well, obviously the we need to know a lot of these kinds of answers. i think it is very implausible that these two operated in isolation. even if you just take the simple notion that they seemed to have planned very methodically how to get there but somehow escaped didn't work at all, if there was a plan. which leads some to wonder, maybe they were just directed by others and left basically to die by whoever helped try to put them in place. that would be consistent with a surprised times square attempted bomber who thought it ought to work, consistent with an underwear bomber who seemed surprised it didn't work. seems a lot of signals these guys were unlikely operated alone and we need to others to know if they were operating to perpetuate

further attacks. jon: stephen yates, who knows quite a bit about intelligence and security out of washington. stephen, thank you. >> thank you. jenna: in other news there are growing calls in congress to end a program known as lifeline. provide discounts on phone service to low income sub scrubbers. the federal program recently exploding inside costing more than $2 billion a year and a house committee is set to look whether or not it should actually continue. chief correspondent jim angle is live in washington with more. hi, jim. >> reporter: hello, jenna. what started out as an effort to by ronald reagan to help people in rural areas to have a phone in case of emergencies what critics suspect is a new welfare program, listen. >> the cost has gone from $143 million a few years ago, to $2.2 billion today, a 15 times increase. >> reporter: now the cost of the program lept after cell phones were added in 2008. only those on low income programs such as welfare and food stamps legally qualify.

but lawmakers say the program is out of control. >> i got a solicitation for a free phone at my apartment which is certainly not in a building where you're going to have people who are qualified for free phones. there is clearly money being wasted here. >> the fcc said in a recent year there were 270,000 beneficiaries that had more than one of these subsidized cell phones that is completely against the law right there. >> reporter: now funded by a small tax on all phone bills you can see it on yours, the program has exploded with companies advertising free phones, many of which come with more than 250 minutes of time, far more than needed for emergencies obviously. those supporters argue some need phones to find a job but the fcc told congress the top five providers can not verify the eligibility of 41% of those who get the phones. listen. >> i hear from law enforcement that these phones are often found at

crime scenes and are used in drug deals. why? because you can't trace them. >> just handing out phones willy-nilly and allowing them to be sold on the black market, this isn't the way to do it and we need to stop. >> reporter: now some recipients famously called them obama phones. there is one supporter who boasted to media during the election that all minorities should support the president because he gave them free cell phones. some now propose expanding the free phone service to broadband but mccaskill says the current program is so far out of control we should scrap it and start over, not expand it. jenna? jo jim, thank you. >> reporter: yes, ma'am, the investigators are turning to the boston bomber's past as they search for answers in the deadly attacks. a look at the brother's ties to chechnya and how those could shape the progress of the investigation. some families are allowed to return home after that deadly plant explosion

in west, texas. the blast devastated that small community. the latest on recovery efforts there just ahead. s old t for business travelers. the act of soaring across an ocean in a three-hundred-ton rocket doesn't raise as much as an eyebrow for these veterans of the sky. however, seeing this little beauty over international waters is enough to bring a traveler to tears. we're putting the wonder back into air travel, one innovation at a time. the new american is arriving.

jon: new next hour, charges could be filed very shortly in connection with the boston terror attacks. investigators are questioning the surviving suspect right now despite his serious injuries. the latest on the investigation coming up in a live report. travelers on the east coast already seeing big delays as the first air traffic furloughs kick in today. a closer look at what the faa cuts could mean for you and your plans. plus, the midwest getting hit with yet another spring snowstorm. major flooding and up to 6:00 inches of snow in some places. we'll show you where it is now and where it is headed. jenna: what drove the suspected bombers remains unclear in the boston terror attacks. investigators are reportedly already trying to question the surviving suspect although there seems to be

some varying reports on that. some experts are now turning to their past for clues. their family traces their origins to a small area in southern russia known as chechnya. it is predominantly muslim country, or area. it has been in turmoil for years. with islamist terror groups launching a series of attacks against russian targets in a fight for independence in muslim states. 2002, a chechen group stormed a theater in moscow. there were 700 people in the side at the time. more than 100 people died during a rescue attempt by russian security forces. 2004, in the largest hostage taking in history, chechens stormed a russian school holding more than a thousand students and teachers more than three days. the crisis ended with more than 300 dead, many of them children. a few years later in 2010, two female chechen suicide bombers, sometimes called black widows, struck the moskow subway system during

rush sure killing nearly 40 million people. chechens are linked to events inside and outside of russia partnering with the taliban an and al qaeda with the united states. were reportedly joining opposition fighters in the civil war raging in syria. peter brookes, former cia officer and senior fellow of national security affairs at the heritage foundation just wrote about the potential chechen connection. we have be real, careful, peter, just because someone is chechl chen doesn't mean they're islamist militants. we have very few fact in the case and. one is that they're chechen and one is that they're muslim. what are we supposed to make of those facts? >> you're right, jenna, we have to be careful here. we do know that part of the world has been a very highly terror-afflicted. there are islamist militants there. they are involved in places beyond chechnya as you mentioned. in syria, they were in afghanistan. i'm very concerned, jenna

about the fact that the russians notified us in 2011 about the older brother but they must have something, must have been going on before 2011. he must have had some sort of contact with the, somebody in that, in russia, itself that he came onto the russians radar. so he must have been in touch with someone the russians were surveilling. of course in 2012, the older brother spent six months there. we don't know what happened there. his family said it was very benign. but i'm not so confident. i think we have a perfect storm of radicalization. for the moment, while we don't know anything more, there is reason to be concerned that there is an international connection, perhaps, into the caucuses and chechnya, dagestan and or perhaps someplace else. jenna: because this geography is not necessarily on our radar all the time when we talk about jihad or muslim ex-treefltists, peter, we call them chechl chen militants. we call them islamists even

though that is not something associated press wants us to use anymore? is that the term we should use instead of talking about the geography? what does the geography matter in all this? >> i wish it was so simple. it is complex. the original intent of this conflict going back to the early 1990s was separatists, or a separate state. it was separate tim. the russians were very heavy-handed and they basically destroyed the capital in chechnya. then it morphed into more of an islamist militancy including terrorism. today that moved over to places like dagestan. it is a very complicated thing. some people when you talk about the taliban, they may be interested only in what is going on that part of the world or north africa and they have no transnational hostilities at all in mind, but you have to be very careful and the fact that wee seen the chechens in afghanistan and we've seen

them in syria. there was a plot just last year in spain, that included chechens. that we have to be concerned that this conflict in the southern part of russia is moving beyond those borders and may affect our security and we don't know that we can't say for sure, that affected our security in boston but there is reasons for, that is one of the alleys we need to go down to be sure if we have a new threat vector coming at us. jenna: i have only 30 seconds here. >> right. jenna: the bigger story this week was about $100 million plus going to syrian rebels to fight against assad but we know some of the worst of the worst islamist militants are working with the rebels, the chechen militants we were just discussing. how concern we should be that we're snorting rebels that include this group as well? short time here. >> we don't want our aide going to bad actors as al news a, al qaeda, other militants. we have to make sure it gets to the people we want to get

to. that is the reason obama administration is cautious providing arms because the worry they might be transferred to these bad actors so obviously something we need to watch closely. jenna: sure. peter, appreciate it as always. thank you very much. >> thanks, jenna. jenna: we'll be right back with more happening now ! ! ching! i like the fact that there's lots of different tastes going on. mmmm! breakfast i'm very impressed. this is a great cereal! honey bunches of oats. i hear you crunching.

jon: right now police in denver are asking the public for help finding a suspect in a weekend shooting at a festival celebrating pot legalization. heather nauert from the new york city newsroom live with that. >> on saturday two people were injured and thousands of people scattered in fear when they heard 10 gunshots fired at an outdoor party that marked an april 20th holiday where pot heads meet up to smoke. den verse police posted this video on youtube of people scurrying to get out of the way after they heard gunfire. today, cops say they hoped

someone can help identify this guy right here. he is suspect of helping the shooter on saturday. he is described as a black male wearing a brown and white checkered shirt and standing in between the guy in the red shirt and the guy in the white hat. listen to this. >> investigation is moving forward. we're having some successes. we need more. there is good information out there that will help us get to him. that is what we'll do. >> reporter: let's look at the suspect. he is walking in the crowd away from the scene. you hear sirens in the background. so many people were frightened. people say the party atmosphere turned to panic when they heard gunfire at civic center park just before 5:00 p.m. saturday. listen to this. >> i was watching the show. then all of sudden i hear the first shot and pop, pop, pop. everyone just, the whole crowd went down and started walking over each other, trampling each other. doing everything. >> climbed over the wall. >> it was crazy. >> reporter: that pot

celebration was expected to draw 80,000 people after recent laws in that state made pot legal for recreational use. jon? jon: just as we saw in boston, using video to try to get the public involved. >> exactly, exactly. we'll keep you posted on it. please do. jon: heather nauert, thank you. jenna: speaking of video getting a little attention, big poppy getting a big pass. the boston red sox star spoke to the crowd in a game over the weekend of the he got fired up. thank you. take a listen. >> this is our [bleep] city. [shouting] nobody is going to dictate it. stay strong, thank you. [cheers and applause] jenna: profanity is no-no on tv. i have to tell jon that all the time. if you slip up you can get fined. the chairman of the fcc saw what happened and tweeted this a short time later saying quote, david ortiz spoke from the heart at today's red sox game. i stand with big poppy and the people of boston. the boston red sox and david ortiz will not be fined by

the fcc for cursing. he did apologize by the way for anyone who took offense. jon: we bleeped it out by the way. jenna: to be safe. we don't want to push the limit too much with the fcc, right, jon? jon: we'll get back to the boston investigation on "happening now" just ahead. with ideas, with ambition. i'm thinking about china, brazil, india. the world's a big place. i want to be a part of it. ishares international etfs. emerging markets and single countries. find out why nine out of ten large professional investors choose ishares for their etfs. ishares by blackrock. call 1-800-ishares for a prospectus, which includes investment objectives, risks, charges and expenses. read and consider it carefully before investing. risk includes possible loss of principal.

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party...... finding you the perfect place, every step of the way. hotels.com jon: there are dramatic developments in boston to tell you about. new details about the suspected march thop bombers as the city of boston starts getting back to normal. a brand-new hour of "happening now." thank you for spending your time with us. i'm than jon scott. jenna: i'm jenna lee. investigators want to know why the suspect and his brother allegedly carried out the attack and whether they had any help. speaker of the house boehner boehnejohn boehner talking to bill hemmer. >> we can learn a lot from the individuals, the information they have, their computers, their cellphones. there is a pressure trove of --

treasure trove of information. the key is to be able to get to it. whether you want to call him an enemy combatant or use the public safety exception the key is getting the information to protect the american people, to learn whether others were involved, to learn more about how he got involved. jon: to that end are you okay with him not being read his miranda rights? >> i am. at this point i think it's perfectly time. jenna: the 19-year-old suspect was captured friday night in watertown found hiding in a boat parked in the backyard moments after police said the trail had gone cold. molly line is live outside the hospital in boston. what do we actually know about the suspect's condition today? >> well, dzhokhar tsarnaev is still inside the hospital under heavy guard, in serious condition but table stable ae stable according to local sources here.

we are expected to hear from the u.s. attorney's office possibly as early as today on charges. there are varying reports about his ability to communicate. some have said he's been able to write things down, that is not confirmed through official fbi sources or the hospital staff on hand. we know from a high-ranking lawmaker that dzhokhar suffered a gunshot wound 0 to his throat, and they are not saying at this time whether it was self-inflicted. he had a considerable blood loss in the community of watertown during the course of that manhunt. jenna: so much focus on the men in the role of the bad guys in all of this. we don't want to forget about the vims and the people sometime recovering. what is the latest on all of that? >> one of the victims is being laid to rest today, ph 29-year-old krystle campbell of medford is being remembered at her funeral in medford, massachusetts today her home down. governor deval patrick and other dignitaries attending. boston university is hosting a memorial service for ligzi lu, a

grad student at the university. later on this afternoon at 2:50pm this afternoon there will be a moment of silence held across massachusetts. the governor, mayor all urging people to take that moment to remember the victims of the boston movie theatre massacre bombings. jenna: how does it feel on the streets? you've been out there every step of the way. what do you observe after such a week that the entire city has been through? >> you know, there is a tremendous sense of unity, and the words, boston strong are everywhere. we've seen them on the back of t-shirts. way stresses are wearing them at diners. posters, a tremendous memorial has cropped up down there by the boylston street area by the scene. we are hearing hopefully in the next 24 to 48 hours it's possible the street could be reopened. really boss residents are pre claiming their city in this

almost a week since the bombings occurred. jenna: you've done great reporting over the last several days as our entire team has. thank you so much. jon: it all came to a head on thursday night as police surrounded their final suspect. we have dramatic audio of police radio communications as they get around that boat in which the suspect was hiding. listen. >> yeah, we're getting a report from watertown of 67 franklin street they have a boat with blood on it and they believe someone is on the boat. [inaudible] >> shots fired. >> yankee p3 we have multiple shots fired here okay. everyone hold their fire. >> all units you do not return fire. who is in the boat? we have paerpb in the boat, a live party.

maybe he's trying to toss an object out. live marty in the boat confirmed. >> it was able to successfully rip that off so it will be exposed, okay. >> we have movement in the boat. he just sat up. he's moving flailing about, quite a bit of movement. >> are the suspect is in custody. jon: the suspect had been spotted by a homeowner who called police after he noticed that the boat in his backyard had blood on it. jenna: what an incredible break there. doctors are hoping for a full recovery for the boston transit police officer wounded in that shootout with the bombing suspects. for 33-year-old richard donahue remains in stable but critical condition. the officer lost nearly all his blood and his heart stopped after a bullet severed three major blood vessels in his right thigh. officer donahue had got i out of husband cruiser and was shooting at the suspects in cambridge when he was hit late thursday night going into friday

morning. emergency crews started cpr on him to restart his heart. the nerves and muscles in his leg are intact. we wish him a speedy recovery. jon: it sound very optimistic for him. the investigation is moving ahead on several tracks. bret baier is the anchor of special report. these reports have happened in boston but have reverberated in washington. what is the lead effect of what happened last week on the capitol president, bret. >> reporter: there are a lot of affects. mainly they want to find out how far this goes and if anyone else either helped these two men or may be involved in anyway, shape or form. the investigation as we are being told by law enforcement, and intelligence officials, is as you mentioned fanning out in a number of different ways. one big focus is on tamerlan tsarnaev's trip last year from -- he flew from jfk airport

to moscow and went to not only russia but chechnya. we don't know where he went, if he went anywhere else on that six-month journey. he did follow -- come back to the u.s. after that. another part of the investigation is the fbi, and what it knew as far as the questioning of tamerlan. russia had asked the fbi, asked the u.s. government to look into this particular man. questioning had occurred, according to fbi officials and we heard from senator lindsey graham today that they did not know that tamerlan had left the country for that six-month stint, because senator graham said according to the fbi, his name was typed -- spelled wrong on the air flight log and it didn't set off any red flags or alerts for the fbi to question him when he got back. there are a lot of unanswered

questions, specifically about that trip. but there is also a lot of investigating going on about the money trail, and if these two men had any help with anybody else. jon: i've always had the feeling that the fbi enjoys a pretty good reputation there among the powerful on capitol hill, not a whole lot of enemies in either house of congress. has its reputation taken a hit here because of all of this? >> reporter: you had a couple high profile lawmakers, 4 senator graham and the house intel chairman mike rogers coming out and praising the fbi for how they handled not only everything on the ground in boston but the investigation, including the interview of tamerlan at the beginning. however, you have other lawmakers, representative peter king and others who have written a letter to say that this is a failure, a failure of intelligence, and that they need to know more about exactly what the fbi knew and why there

wasn't a follow-up after russia's initial head up on this guy's radical involvement according to the country. jon: what about the immigration debate? these are two people out of the millions of immigrants, legal and illegal that we have in in country. how much of their actions going to affect the immigration debate? >> i think that that is really up in the air at this point. you've had senator john mccain who is obviously a proponent and a member of the gang of eight come out and say that that is ridiculous, that this incident should affect immigration, but you've had other lawmakers say that this goes to show that there need to be additional information and efforts in this legislation to look at some of the holes, perhaps, at creating this pathway. i think that it will come up, likely it may even come up at a hearing today, but how much it affects the moving forward of the legislation here in

washington i think is yet to be seen. jon: it is a story that has dramatically changed virtually every day, and by the time you take air at 6:00pm tonight at special report there may be more changes to report. bret baier. you can watch bet each we can night 6:00pm. he anchors special report on fox news channel. jenna: we are learning more pwh-the widow of tamerlan tsarnaev. a school friend said catherine russell had dreams of covering the peace corps but was totally taken with tamerlan. apparently she has been spending time at her parents apts home in rhode island. she is the eldest of three daughters to her parents, a doctor and a nurse. so a lot of questions there, and apparently according to the "new york post" she is being questioned as well by the fbi. jon: let's hope they get to answers. i'm sure she ha has a lot to

tell. this man charged with mailing letters laced with deadly poison to president obama and a mississippi senator. the latest on where that case stands next. jenna: deadly floodwaters rising across six states in the midwest. a live report from the fox extreme weather center >> my husband, he went over there to save his friends, and he looked and everything is gone. everything. it's just crazy. we're just homeless now. we lost everything. [ male announcer ] this is george. the day building a play set begins with a surprise twinge of back pain... and a choice. take up to 4 advil in a day or 2 aleve for all day relief. [ male announcer ] that's handy. ♪ [ male announcer ] that's handy. ♪ what's up everybody how ya doing today? ♪ ♪ you're probably busy but i've got something to say ♪ ♪ even when you think you've got no worries at all ♪ ♪ bad credit can hit you like a cannonball ♪

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by the armful? by the barrelful? e carful? how about...by the bowlful? campbell's soups give you nutrition, energy, and can help you keep a healthy weight. campbell's. it's amazing what soup can do. jenna: right now new developments in the ricin letter scare. the mississippi man charged with threatening the president and u.s. senator is expected back in court today. >> reporter: we may soon learn if investigators have found anything in his house that links him to the deadly poison ricin sent to three lawmakers.

paul kevin curtis' family says he has strong political opinions but he would never do anything to hurt politicians with whom he disagreed. listen to this. >> i have wasn't there, but whoever sent the letters -- i have faith in my dad. i've never heard of him even talking about doing something like this >> if you're going to send something and put your initials in there and put your quote that you put on everything and put the quote, i approve this message that sounds like you're saying, come and get me, here i am, i'm your man. he's not that stupid. jenna: the letters mailed to president obama, republican senator robert wicker and a mississippi judge were signed with the initials kc. the sign off read, i'm kc and i a prove of this message. of course that is a play on what politicians say the a the end of tv ads. investigators have put together a huge list of potential suspects. curtis had an unusual link to senator wicker, he had worked as an elvis impersonator and

apparently performed at a party hosted by wicker years ago. he is still being held in a jail in mississippi. his lawyers are arguing that he should be allowed to be at his home until the trial is held. they say that the feds simply don't have enough evidence to link him to that crime, but the evidence could become public later today. jenna. jenna: we'll look for that development, heather, thank you. >> reporter: thanks. jon: some big problems happening now, flooding is causing huge troubles across the midwest. heavy rains last week causing the mississippi and other rivers to surge across six states causing at least three deaths. now we are looking ahead to yet another spring snowstorm. meteorologist janice dean is live in the fox extreme weather center. i guess the silver lining is better a snowstorm than a rain storm. >> you're the one that found the silver lining. i couldn't do that this morning, jon scott. good for you. let's take a look at the

incredible amount of rain we've seen across the midwest. this is from the storm thursday into friday that brought in some cases record-setting rainfall, 4 to 7, even 8 inches of rain in and around very vulnerable areas. unfortunately we have another storm moving in. flood advisories, flood warnings posted for six states where we are into a state of emergency, record flooding on tap and more rain is possible as this next storm moves in and as jon mentioned cold enough for snow in this areas. watching parts of the central plains where we could see the potential for severe weather, careful monitoring of the midwest where we are still into quite a bit of flooding. that will continue throughout the springtime as all the tributaries move towards the mississippi. here is our satellite radar imagery, more rain for the vulnerable spots as we move into tuesday. we also have snow. spring skiers i guess, are they

still liking this stuff? twitter me. snow along the colorado rockies up towards the midwest a baby 6 to 12 inches in some cases, then flooding rainfall unfortunately another system moving in that is going to exacerbate already a bad situation. so, for denver the cold side of this norm, is it spring? is it winter still? we are dealing with the potential of more snow in the forecast for tuesday and things will warm up. jon, you're from denver, blink and it's winter, brin blink and it's springtime. jon: unfortunately i'm in new york not in california. thank you. jenna: after the chaotic events of the last week immigration reform is trying to work its way back to center stage again as a key group of sevens release their long-awaited reform bill. why it could be a long road

ahead for any real change. plus, piecing together what we knew about the boston bombing suspects and what we might have missed. >> what i'm worried about is how did we as a nation miss the add cal liization of this guy after -- the radicalization of this guy after 2012. p to 75% lo" as a preferred pharmacy, walgreens can save you as much as 75% compared to other select pharmacies. walgreens, at the corner of happy and healthy.

jenna: there are serious new questions about how the fbi handled the boston bombing suspects at least from certain corners of washington d.c. we are learning that ha foreign government, russia raised the red flag on the holder brother tamerlan asking the united states to keep an eye on him, interview him. the fbi did so back in 2011 and eventually cleared him. texas congressman mike mccall says the fbi may have dropped the ball. house speaker john boehner disagrees. here he is on "america's

newsroom" earlier today. >> i think it's way to early to make that determination. i talked to director mueller yesterday, they are pulling all of their information and tpobgts together. the fbi will have their opportunity to lay all of this information out of the -- before the american people and we can judge. jenna: don bradley is a special agent in charge in new york and chief operating officer of the shaffron group of as well. you've looke worked on task forces before. talk to us about this present argument, as to whether or not the fbi dropped the ball. what are your thoughts on that? >> my thoughts on this are absolutely not. let. me explain why. certainly it would be easy for me to be an fbi apologist having spent 25 years. let's look at the facts. this case was opened as an assessment based on information from the russian government. jenna: an assessment of tamerlan. >> an assessment. it's an official word. there are three levels of

investigation in the fbi. all investigations are not kind of created equal. there's an assessment which is the lowest level, moving up to a full investigation, which is the highest and most invasive. the more facts you get the more invasive you are allowed to become. this is all, you know, it has to comport with the constitution, the attorney general guidelines, and the fbi's own manual for investigative procedures. so when you open an assessment it gives you a limited amount of time, it's 30 days, but it can be renewed based on if you're getting more facts, and there are limits in what you're allowed to do. for example, a limited amount of surveillance. you can check subject lea sraeubl information. you can look at tphaoeub and doj records and records from local police and other federal investigations. urbg contact informants, you can send subpoenas but for subscriber records only. if you had a cellphone -- not

all the detail records but just subscriber and of course interviews as was done in this case. jenna: once the assessment is done does the fbi no longer look at an individual, or when you are assessed in this way are you always on a radar from that point on? >> no you're not always on a radar. once you do all of the investigative steps that you're allowed to do, the file is reviewed, and if there is nothing more to go on the file is closed. so here -- in my opinion here is the real question here. so, this investigation was initiated by the russian government that said, look into this individual because he is extreme in his views and he may be planning to travel. jenna: that's really important. because it's not our government with this person on our soil that even raised any red flags initially about this family or even this young man. >> exactly. jenna: it was russia. why do you think that is so significant? >> it's significant in my opinion because number one they said -- as i read the official

press release from the bureau, that the russian government said we're concerned because he has extreme views. well that is first amendment protected activity, that is not the basis to open an investigation. and that he was planning to travel to join unspecified i think underground groups. so -- jenna: you think russia knew more about it? >> i have to think they did. the other concerning thing is, okay he travels, presumably he's on their radar screen, right? if he's meeting with people, you know, chechen terrorist groups and people involved in tere rivers eupl anterrorism and he comes back to the united states, why isn't there, hey, u.s. your boy was meeting with bad guys. where is that communication? jenna: based on your experience and expertise over the last several years what can you tell the viewers about our relationship with russia in that capacity? has russia been forthcoming to say, this is why you need to be concerned about this guy, or is

the relationship sometimes as it appears, tenuous at times regarding these issues? >> i can't really say that. i mean i think it's a case-by-case basis. i read that now that president obama and president putin have decided that they are going to sign some kind of a mutual agreement to work together on fighting terrorism. but, you know, you have to wonder where was the communication back and forth early on in this? i even watched congressman rogers yesterday saying that there was a request from the fbi asking the russians, the fsb for more information and that request went unanswered. jenna: interesting. we'll leave that. there are a lot of questions reneed answers about regarding that relation sheufp and informatiorelationship and what we got from russia or not from russia. there is still some concern about whether or not there are going to be copy-cats emerging, whether or not it's just these two individuals, what do you

think about the risk to u.s. cities wherever they are about this type of plot and terror attack? >> i don't think the risk has gone up or down. it's always been there. we have always known that home-grown-type extremists like the brothers, like bolazi in 2009. like faasad in 2010. that threat excisioned. the internet has been a big game-changer for a lot of reasons. i don't think there will be necessarily be koppee cats but we just need to realize that terrorism didn't go away because we dismantle core al-qaida. it's been there, it's just changed its form. jenna: when you walk around the streets do you feel that vulnerability? i think for a lot of us now wear looking around, looking at garbage cans and bags, really hyperaware as someone in the background of all of this. do you feel comfortable, confident and safe walking around the streets wherever you are?

>> i do especially in new york and i have to throw cue kudos to nypd. i'm more worried about getting hit by a delivery guy on a bike than that. jenna: it's good to have context from swrup someone in the know when you can feel more nervous than normal. great to have you on set. jon: get ready to wait for your flight. folks at the faa can't figure out a way to deal with the sequester except to cut air traffic controllers. that is now causing delays at some major airports. we'll go live to reagan national airport in washington. plus, the town of west in texas taking a small step forward after this deadly explosion last week at a fertilizer plant there. victims like firefighter jerry chapman are remembered. >> jerry happen man a member of the abbott volunteer fire

department was one of the firemen who died in the line of duty. other firemen and women survived because of the action that he took. jerry found his passion in his life and his desire to live on the edge fueled that passion. his faith in god and his fellow firefighters gave him the strength to lay down his life for others. everybody has different investment objectives, ideas, goals, appetite for risk. you can't say 'one size fits all'. it doesn't. that's crazy.

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♪ wireless is limitless. ♪ from tracking the bus. ♪ to tracking field conditions. ♪ wireless is limitless. snoop "happening now," big problems for air travelers beginning this week.

the faa is starting its furlough program, forked days off for its employees including 15,000 air traffic controllers. airports on the east coast are already seeing long delays. fox business network's rich edson live at reagan national airport for us, rich. >> reporter: good afternoon, jon. somewhat minimal delays here anywhere between an hour, maybe a little less than that. you talk to passengers who are affected by these delays and they say it's certainly are not minimal. you take a look nation wild right now you have a bulk of delays in the new york city area, joe dioguard laguardia looking at an hour and 45 minutes. there are wind issues. jfk an hour. the faa tells fox business that the traffic isn't necessarily because of these automatic budget cuts that are laying off a number of employees. they are supposed to layoff -- furlough, excuse me not layoff, furlough anywhere between 15,000

air traffic controllers, they have to take a day off every couple of weeks. and the faa is actually being sued by the airline industry because they say it's a maxim packet the way that they have designed these particular cuts. the airlines say the way they are designed will cost them money. >> people make their plans long in advance, some people have vacation plans, if this starts to rollout the way the faa has said that it will, people are going to not be able to rebook in all cases. their summer vacation plans will be blown and that is a horrible position to put the traveling bub in. >> reporter: so here are the numbers. the budget of the faa every year $16 billion, cuts of $637 million to comply when what is known as the sequester the automatic budget cuts. air traffic controller furloughs should save them $200 million they say. the total number of employees at the faa47000. 15,000 of which are air traffic controllers. the airline industry says because of thighs furloughs it

could delay up to a quarter of tpwhraoeuts in this country on a daily basis. last night they say only about 400 flights were delayed because of these furloughs. back to you. jon: rich edson at reagan national. thanks, rich. jenna: we have new reports now that the surviving boston bombing suspect is now awake in the hospital and may be answering investigator's questions. again just reports at this time. but certainly a lot of folks are looking for any sort of answer, explanation, information about this terror attack. dzhokhar tsarnaev reportedly suffered a gunshot wound to his throat and cannot speak but he's reportedly providing some answers in writing. mike baker former cia covert operation officer and president of diligence l. l. c. a global intelligence and security firm. instead of talking about reactive policy let's talk about proactive policy right now. we have some indication of where the family of the suspect is from. what is happening inside the

cia, for example now sth what kind of work is being done? >> first of all, a great deal of it starts with the interrogation of the suspect. really the high value detainee intercongratulations has been standing at his hospital room door ever since he arrived on scene there waiting to get the go ahead to start the interrogation. whether he can talk or has to write out his answers it doesn't matter. just get to them. what they are looking for is operational questions. it's not the big touchy-feely why did you do this. it's interesting but not important at the outset. you have to find out who they were in contact with. who his brother was in con tact with during his travels overseas, to dagestan and likely khefp yeah an chechnya and did they have any support. to what extent did they have training. do they know of any other individuals planning attacks. you get those questions on the table immediately. that allows you out in the kneeled overseas to lock for other actionable intelligence

related to the information that starts coming out of this interrogation process. jenna: based on the bits and pieces of what we know about the weapons they had, the types of devices they were creating, the money it would take to put together those things. what is your sense of it? do you think it's the two of them pooling resources or do you think there is something bigger here? >> i don't know how anybody with look at this objectively and think somehow that it was just these two working in a bubble. obviously disgruntled yes they started to radicalize. a great deal of interest over the past couple of years with the brother radicalizing. radical islam is doing this. that's what jihad is doing, al-qaida is doing. they are looking for people just like the tsarnaev brother. all over the u.s. the uk, france and elsewhere. they have been successful in reaching out directly or in directly to people like this. jenna: i don't mean to interrupt you there. i want to drill into that a little bit more. it seems when we talk about

terrorism that we have a certain profile in our minds, even though it may not be politically correct, right, there is a certain idea of what a terrorist is. if we say the word al-qaida then we, okay that is a terrorist. what you're saying is something different here that the radicalization of individuals, does it really have to connect to a group or gee og gravity fee. it's about an ideology we have to confront. >> are sometimes when you say al-qaida in situations like this it makes people roll their eyes, go go, really, al-qaida? we killed a the love them. how did they get their hands on these two? we should be thinking in points of radical islam, jihadism. that is the issue here and what they've been doing for some time. looking nor disgruntled, disaffected impressionable individuals that are already residing in infidel countries the u.s. and again overseas in europe. so we have to change -- like you said the mindset of what a terrorist looks like, because

they've been working on this. i don't know whether you want to call it a community outreach program but that's what they've been doing and somewhat successfully for a few years now. jenna: the younger brother has been in our country longer than he spent overseas. there is a lot to consider in this case. in the effort to want to get the best answers and the most information we were talking to a former fbi gilas hour former fbi officer and i asked him about whether or not being read miranda rights means anything in this case. what would he prefer if he was in the fbi. and he told our viewers that it really didn't matter, that he felt that the information would come out regardless. what are your thoughts on that? >> well, i think obviously the justice department, eric holder, president obama, the white house, you know, they want this in the u.s. court system. as a result of that, that puts you on a certain path. i think there is some concern here, certainly on my part and others if you don't mirandize him obviously he's entitled to his defense, and the defense is

going to take that and make it a serious issue. and so, you know, yes it's great, put him in the u.s. court system if that's what you want to do but be aware that, you know, it's dangerous at times. and so if they start pulling information out of him and they haven't read him his rights, because they say there is an exception in terms of public security, then if they want to go that route i think we have to be careful, because it could come back around and bite us in the back side. jenna: interesting just for context for the jose padilla case, who was considered an enemy combatant and then put in civilian court he did not get the maximum sentence. there was a lot of legalities around that, and there are some questions still being raised about how that case was handled and whether or not it was done appropriately. mike it's great to have you as always. thank you so much for the time. >> thank you. jon: and update for you now on the devastating explosion in the texas town of west. more people are being allowed to return to their homes now picking through the rubble for anything they can salvage. this after last week's deadly fire and explosion at a

fertilizer plant. it killed at least 14 people, injured more than 160 others. meanwhile the town is holding a memorial service honoring ten first responders who died in that explosion, including two brothers, volunteer firefighters both, doug and robert snowcoss. >> wrordwords cannot express how deeply saddened the family is today. doug and robert were proud members ever the volunteer fire department. they were both ready to serve their neighbors in a time of need. they were typically the first to any emergency situation in the area, just as they were on wednesday. robert and doug were much more than brothers, they were with life-long best friends. >> investigators are still looking into what caused that tragedy, but they are ruling out a criminal act. jenna: a long road to immigration reform moving ahead on capitol hill this week. coming up how lawmakers have

changed their approach compared to a previous effort in 2007. big question on whether or not they get a different result.

jon: the boston marathon attack of a week ago sparked intense media coverage. most of the reporting solid as zoned journalists went about their skwraob jobs reporting their story as police searched for the suspect getting pictures of the suspects quickly out to the public. >> thank you for your support of our media campaign the other day which publicized the photos. i thank you very, very much for the support that the media provided us. i thank each and everyone of you tonight. >> some of the coverage was outstanding, some of the reports leading up to friday's arrest have come under fire. let's talk about it with our news watch panel. jim pinkerton a contributing editor and writer for the american conservative magazine. alan colmes host of the alan colmes radio show and author of

"thank the liberals nor saving america." let's get a grade from each of you as to how the media generally did in covering the tragedies of this week. jim let's start with you. >> i'll give them a b, there was plenty of inaccuracies, it was an important story and the media covered it. >> i give it a b. i agree with jim. it's hard with so much chaos to get everything right. jon: let's that i can a look at some of what was gotten wrong. in the early hours there were stories about how two unexploded bombs had been found along the marathon course. the "wall street journal" said there were five unexploded bombs a i long the cnn reported there had been a suspect arrested early on, i believe it was on thursday, when that hadn't happened at all and went onto compound that by saying that the suspect arrested was a dark-skinned male. what about some of that, jim?

>> well, you're right. here we are looking at "the new york times" and there is a cnn right there, a big article about them and others in fairness. i think, look, there are lots and lots ever mistakes. a b overall grade allows for plenty of fs. andrew carrell at medite did his ten worst reactions. chris matthews blaming it on the right wing. luke russer from nbs saying he was at a baseball game and he thought about his nats and all the nepotism going through and makes you think about the patriot day and the irs day. it ends on speculating on a possible link. that is really helpful to be speculating on a story this information. then we go on to "the new york times." and michael moore, definitely not least who said obviously it had something to do with of

paying your taxes. >> i notice you left out all the conservatives like alex jones who said false flag. >> alex jones was on the list too. there are lots of people on the list. these are the ones that -- >> you chose the left i understand. >> okay, right. jon: in this era of cellphones and everybody is an individual og graph for with their iphone or whatever, laur instagram, do journalists have to be more careful because so much is flying at us. >> with cellphones with twitter, facebook mainstream media is competing with the mainstream media. you get it wrong on cnn or what is considered to be major news outlet of course all hell breaks throughs. yes the media landscape has changed because of the digital world and it's more important to be right than to be first. especially when you're going to talk about dark-skinned people,

and you're potentially putting lives in danger by misidentifying who the culprit is. jon: we also on fox got it wrong at first saying that, you know, that a suspect had been arrested on wednesday. it turned out not to be the case. how does that happen, though, jim? there were police, you know, authorities out there giving this information out. how does it happen that they get it so wrong? >> i mean that is a question, you know, to be resolved and studied and chronicled by journalistic experts and so on for years and years to come. you're at a deep journalistic dilemma when a member of the police department tells you something and it turns out to be wrong. you've got to know -- sometimes you just trust them. for example john king at cnn i don't think he really meant anything in bad faith he was told what he was told. it just turned to be wrong. that's why you have to go back to journalism 101, just because one person told me i have to

have better proof than somebody saying so. >> you want a second source. jon: that's the key. good discussion. we'll be back with more "happening now" in just a moment. on angie's list before i do any projects on my own. at angie's list, you'll find reviews written by people just like you. i love my contractor, and i am so thankful to angie's list for bringing us together. angie's list -- reviews you can trust. as well as they could because they don't take it with food. switch to citracal maximum plus d. it's the only calcium supplement that can be taken with or without food. my doctor recommends citracal maximum. it's all about absorption.

jenna: the gang of eight releasing its long awaited immigration reform bill setting the stage for a bruising battle on capitol hill. a lot has changed since the last time congress tried to overhaul or immigration laws. william la jeunesse is live with more. >> there is something in this bill for everyone to love and hate. if you want a reason to oppose it you'll find interest that's what happened in 07 when 37 republicans and 1 16 democrats committed mutiny and killed similar legislation. >> you have have to have a comprehensive measure if you want to secure the borders.

>> 2007 ted kennedy led the fight to reform immigration joined by george w. bush and john mccain. big rallies dominated headlines while the national guard joined so-called vigilante groups like the minute men on the border. today's atmosphere is radically different shaped by a more secure border, more subdued republican party and a slower economy. >> this is not such a simple issue, it's not an issue of just building a wall, it's not an issue of kicking people out and it's not an issue that is just about border security. we understand that there are families involved. they understand that this affects our economy, please understand that this affects our schools. >> in 2007 illegal immigrants had to return to their home country before applying for a green card. not so today. the previous bill required operational control of the border before legalization. now the border patrol must only meet security benchmarks over five years. previously 200,000 guest workers could stay for two years before going home.

the new bill gives up to 75,000 low skilled workers, spouse and children a six-year visa and path to citizenship. in 2007 employers were required to use a government database to verify legal status. the new bill gives them up to five more years to comply. >> i don't think the controversy has gone away. i think it's simply at a low simmer, but it can come to a boil when the illegals come back and the problems return. >> reporter: key differences, farm workers and the children of illegal immigrants can get citizenship in five years not 13. high-tech agriculture businesses get more workers, it clears the backlog of legal immigrants waiting in line. jenna: a great break down for us today. thank you. we'll be right back with more "happening now." ♪

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breaking news. jay carney just saying the suspect in the treasurer attack in boston will not be tried as an enemy combatant as has been